Superior Court Judge Curtis Karnow questions the attorneys at the session where he ordered the 60-day cooling-off period.

Photo: Brant Ward, The Chronicle

Superior Court Judge Curtis Karnow questions the attorneys at the...

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Union lawyers at left, the governor's representatives in the center and BART lawyers behind them listen as the order is issued.

Photo: Brant Ward, The Chronicle

Union lawyers at left, the governor's representatives in the center...

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Attorney Matthew Burrows, with BART, listened to the proceedings Sunday August 11, 2013. San Francisco Superior Court Judge Custis E.A. Karnow agreed to a request by California Governor Jerry Brown for a 60 day cooling off period in the BART negotiations. Trains will run no matter how the talks between BART management and the unions go. POOL photo by Brant Ward/San Francisco Chronicle

Photo: Brant Ward, The Chronicle

Attorney Matthew Burrows, with BART, listened to the proceedings...

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Peter Saltzman, representing ATU local, told the judge he did not object to the Governor's request Sunday August 11, 2013. San Francisco Superior Court Judge Custis E.A. Karnow agreed to a request by California Governor Jerry Brown for a 60 day cooling off period in the BART negotiations. Trains will run no matter how the talks between BART management and the unions go. POOL photo by Brant Ward/San Francisco Chronicle

Photo: Brant Ward, The Chronicle

Peter Saltzman, representing ATU local, told the judge he did not...

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Sharon O'Grady, with the state Attorney General's office representing the Governor, spoke to the judge Sunday August 11, 2013. San Francisco Superior Court Judge Custis E.A. Karnow agreed to a request by California Governor Jerry Brown for a 60 day cooling off period in the BART negotiations. Trains will run no matter how the talks between BART management and the unions go. POOL photo by Brant Ward/San Francisco Chronicle

Photo: Brant Ward, The Chronicle

Sharon O'Grady, with the state Attorney General's office...

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Attorneys Sharon O'Grady, left, and Tamar Pachter represented the Governor in the proceedings Sunday August 11, 2013. . They are with the state Attorney General's office. San Francisco Superior Court Judge Custis E.A. Karnow agreed to a request by California Governor Jerry Brown for a 60 day cooling off period in the BART negotiations. Trains will run no matter how the talks between BART management and the unions go. POOL photo by Brant Ward/San Francisco Chronicle

The injunction, which will stay in effect until midnight Oct. 10, blocks a repeat of the 4 1/2-day walkout in early July that snarled traffic and disrupted the commute of hundreds of thousands of workers across the Bay Area.

"Another strike would have had grave impacts on the riding and driving public," said Zakhary Mallett, a BART director who was in the audience for the rare weekend hearing.

The judge's order seemingly stripped the urgency from the long-promised effort by BART and its unions to reach a contract agreement by Sunday. Instead of lasting late into the night, the talks were completed by 7 p.m., with no one sure when they would resume.

Finn blamed the stalemate on the transit district, calling its latest contract offer "regressive" and saying it would have led to a pay cut for hundreds of workers.

BART blames unions

BART officials accused the unions of walking out of negotiations and rejecting the new contract offer, which they said boosted a proposed pay increase to 10 percent over four years.

"In the end, we were very far apart," said Grace Crunican, BART's general manager, describing the offer as fair for riders, unions and the long-term future of BART.

"Our offer was a 10 percent offer, and the unions' offer was about a 25 percent offer roughly for the same period of time, so we were too far apart to reach a deal tonight," Crunican said. "I think you should let us have a couple of days to reassess where we are before it would be smart for us to pick it up. ... The cooling-off is called a cooling-off for a reason."

"We are stunned that after all of this time the district has not exercised its moral obligation, let alone its legal obligation, to make good on our safety proposals," Mooney said.

'Not much closer'

Although both BART and the unions had said they didn't want the cooling-off period to stall any momentum being made in the contract talks, it's clear that little progress was being made.

"We're not much closer than ... earlier in the week," Mallett said.

Even if there had been dramatic progress in Sunday's talks, which resumed at 1 p.m. in Oakland, negotiations with at least one union will extend later into the week. Bargainers for American Federation of State, County and Municipal Employees Local 3993 broke off talks with BART early Saturday evening, unable to reach an agreement on proposed classification and wage adjustments for the 210 professional workers it represents.

"There's just not enough money on the table," said Patricia Schuchardt, the local's president. "We agreed to meet again with BART on Tuesday to decide what we'll do next."

BART requested the cooling-off period a week ago, just hours before its three major unions were set to walk out for the second time in a month. Despite objections from the unions, transit district officials convinced the governor that a temporary ban on both strikes and lockouts was the only way to ensure that the trains would keep running to serve the system's 400,000 weekday riders.

Attorneys for the three unions - the ATU, AFSCME and SEIU - raised no objections to the cooling-off period Sunday, apparently resigned to the inevitable.

Judge's interpretation

In the brief 9 a.m. hearing, Judge Curtis Karnow stated that the law said that he "shall" issue the order if it's determined that a strike would "significantly disrupt public transportation services and endanger the public's health, safety or welfare."

"I read the word 'shall' as direction from the Legislature that I have to issue the order if the conditions are true," Karnow said. "And I understand the parties all agree that those conditions are true."

When he heard no objections, the judge agreed to issue the requested injunction.

The governor can call for a cooling-off period only once. If a contract deal hasn't been reached by midnight on Oct. 10, the unions will be free to strike.

Tom Hock, BART's chief negotiator, said that without an agreement Sunday, his team would take a hiatus from bargaining to reassess its position.

"I would assume that all three sides (BART and the two larger unions) would want to take time to reflect on what's gone on and what their positions are," Hock said. "I couldn't give you a number of days. I have no idea."